When to Sue an Annoying Public Officer in Nigeria

When to Sue an Annoying Public Officer in Nigeria. By Onyekachi Umah.

Daily Law Tips (Tip 242)

Where a public officer (government staff) or even government institutions wrongs you while performing his/her/its official duties, you have a right to sue such person/institutions in a court. If you wish to sue such public officer/institution you must do so within 3 months from the date you were wronged.

Public officers include all local governments, state governments and federal government workers, civil servants, public office holders, government institutions, civil service commission, government companies, agencies, schools and even any ordinary person executing public/government duties. After 3 months such public officers/institutions cannot be sued in Nigeria.

Note that where a public officer/institution acts outside his/her/its duties or out of malice(wickedness) or for private gains he/it is not protected and can be sued even after 3 months.

References:

1. Sections 1 and 2 of the Public Officers Protection Act 1916, and the Public Officer Protection Laws of states across Nigeria

2. The judgment in the case of INEC V. OGBADIBO LOCAL GOVERNMENT & ORS (2015) LPELR-24839(SC)

3. The judgement in the case of Abubakar & ANOR V. The Executive Governor, Gombe State and Ors (2002) LPELR-11247(CA).

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